• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.646-652
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• 2014

Data of pollution incidents which occurred in shipyards of South Korea for 10 years from 2004 to 2013 were collected and analyzed in order to propose the plans for the prevention of pollution incidents in shipyards. Total number of pollution incidents in shipyards was 103 cases over the nation of Korea for the recent 10 years and the average annual number was about 10 cases, and annual cases tended to increase from 8 cases in 2004 to 23 cases in 2010 and then to decrease to 9 cases in 2013. The location data of pollution incidents showed 32 cases in Busan metropolitan city (31%), 30 cases in Jeonnam (29%), 21 cases in Gyeongam (21%), 5 cases in Jeju (5%), 4 cases in Gangwon (4%), 4 cases in Gyeongbuk (4%), 3 cases in Chungnam (3%) and 3 cases in Incheon metropolitan city (3%). According to the data of work types of shipyards, 60 cases happened during the work of ship repair (58%), 25 cases during the work of ship breakup (24%), 10 cases in the course of ship building (10%) and 8 cases by others (8%). The data of pollutant type showed oil and oily mixtures to be 59 cases (57%), waste paint dust to be 22 cases (21%), iron dust and welding slag to be 13 cases (13%), wastes to be 4 cases (4%), waste FRP powder to be 3 cases (3%), and others to be 2 cases (2%). The plans for the prevention of pollution incidents in shipyards of Korea were proposed as follows; (1) Observance of the related laws and regulations, (2) Establishment and implementation of action plans to prevent areas dense with shipyards from causing pollution incidents, (3) Establishment and implementation of oil pollution prevention plans in shipyards, especially during the ship repair and breakup works, (4) Preparation of measures to solve civil complaints against pollution incidents in shipyards, and (5) Improvement in national management for the control of shipyards.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.6
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• pp.719-730
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• 2017

Recently, oceanic research has been carried out investigating global scientific interests and the territorial management of national marine jurisdictional waters, including exclusive economic zones (EEZ) and the open seas. To meet the needs of ocean researchers pursuing these - objectives, acquiring advanced research infrastructure, including research vessels, large facilities, and equipment, is a top priority in ocean science. However, ocean science is a similar to space science, and securing resources and state-of-the-art technology can be expensive. Faced with these challenges, our study focused on establishing a strategy for the efficient operation and management of research vessels, attempting to establish benchmarks from foreign examples that can be adapted to suit the target context. The results of this study provide ways to identify operating systems that could increase the efficiency of joint-use research vessels. The different systems examined in this study included a joint-use committee-based management system (JCMS, Type 1), private enterprise entrusted operating system (PEOS, Type 2), institutional investment operating system (IIOS, Type 3), and commissioned executive operating system (CEOS, Type 4). The efficiencies of JCMS, PEOS, IIOS and CEOS were 9.17, 5.82, 11.2 and -1.72 %, respectively. Given the total costs involved, the most affordable operating system was IIOS. JCMS was the most cost-effective system based on a quantitative cost-benefit analysis, but IIOS also had an acceptable cost-benefit balance. An operational committee would be required and regulations and guidelines shoulde be established to employ, JCMS, while a strategy to yield independent revenue would be needed to utilize an IIOS system.

• Korean Journal of Food Science and Technology
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• v.53 no.6
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• pp.799-808
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• 2021

This study was performed to investigate the extent of microbial contamination, the presence of enterotoxin genes, and the antibiotic susceptibility of Bacillus cereus in 58 red pepper plants and 43 environmental samples (soil, irrigation water, and gloves) associated with the plant cultivation. The detected counts of total aerobic bacteria, coliform bacteria, Escherichia coli, Bacillus cereus, and Staphylococcus aureus were lower in these samples, as compared to the regulations of standards for foods; moreover, pathogens, such as E. coli, E. coli O157:H7, Listeria monocytogenes, and Salmonella spp., were not detected. Genes encoding hemolysin BL enterotoxins (hblA, hblC, and hblD) as well as non-hemolytic enterotoxins (nheA, nheB, and nheC) were detected in 23 B. cereus specimens that were isolated from the test samples and had β-hemolytic activity. Interestingly, B. cereus is resistant to β-lactam and susceptible to non-β-lactam antibiotics. However, in this case, the isolated B. cereus specimens exhibited a shift from resistant to intermediate in response to cefotaxime and from susceptible to intermediate in case of rifampin, trimethoprim-sulfamethoxazole, vancomycin, clindamycin, and erythromycin. Therefore, the levels of B. cereus should be monitored to detect changes in antibiotic susceptibility and guarantee their safety.

• The Journal of KAIRB
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• v.3 no.2
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• pp.19-27
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• 2021

Purpose: This study aimed to analyze the knowledge levels, attitudes, and factors affecting the choices on the education of the participants who completed their education of persons conducting clinical trial workers, and to assess the problems of the current education system for clinical trial workers, leading to improvements. Methods: Clinical trial workers (including principal investigators/subinvestigators, members of the Institutional Review Board [IRB], clinical research coordinators) who were affiliated to one of the 4 university hospitals running their own clinical trial center and IRB in Daegu and completed their education of persons conducting clinical trial workers were the subjects of this study. One hundred seven online questionnaires were answered from 2021-04-02 to 2021-04-17. Descriptive statistics and Pearson correlation analysis were used to analyze the acquired data. Independent t-test and 1-way analysis of variance were used to analyze the differences in the knowledge levels and attitudes following the characteristics of the education participants. Results: The baseline characteristics of the 107 participants were as follows: the majority of the participants were female (72.0%), were in their 30s (36.4%), had a nursing major (29.0%), were clinical research coordinators (63.6%), had never experienced a principal investigator (79.4%), had participated 3 or more educations (58.9%), had completed their maintenance course (55.1%), had 5 or more years of clinical trial experiences (34.6%). The fields on which participants had low levels of objective knowledge were "types and preparations on audits of clinical trials," "regulations on clinical trials (Pharmaceutical Affairs Act, Korea Good Clinical Practice)." The difficulties that the participants faced were on "annual educations" and "lack of information regarding the educations." Factors that showed significant differences in objective knowledge were sex (p=0.02), number of educations (p=0.004), the curriculum of 2020 (p=0.001). Age (p=0.004), having experienced a principal investigator (p=0.006), number of educations (p<0.001), the curriculum of 2020 (p<0.001), clinical trial career (p=0.001) were factors that significantly affected subjective knowledge. Attitudes toward the education were positively correlated with objective knowledge (r=0.20, p=0.04) and subjective knowledge (r=0.32, p=0.001). Major sources through which information on educations was acquired were "institutional notices," and major factors affecting the choices on the education were "when the education took place" and "where the education took place." "Within the affiliated institution," "Online classes (recorded)" and "IRB and review processes" were each the most preferred place, mode, and content of the education. Conclusion: Knowledge levels varied largely among participants who completed their education of persons conducting clinical trial workers, depending on their characteristics such as the number of educations. Participants also complained about their lack of information on educations. The quality of education may be improved if clinical trial organizations are designated as education facilities. Education programs must be developed considering the knowledge level and demand of the participants. Furthermore, as offline classes may be impossible due to pandemics such as the coronavirus disease 2019, the development of diverse and sophisticated online classes is looked forward to.

• Journal of the Korean Society of Radiology
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• v.15 no.5
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• pp.675-681
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• 2021

Recently, the Ministry of Education stipulates in the distance class operation regulations that student lecture evaluations for distance learning subjects should be conducted at least twice per semester and the results should be disclosed to students. Therefore, the lecture evaluation of D college was compared with the first semester of 2020 and the first semester of 2021. As for the multiple-choice evaluation result of the distance learning mid-course evaluation, the overall average of the mid-course evaluation of the distance class in the first semester of 2020 increased from 4.1819 to 4.4000 in the mid-course evaluation in the first semester of 2021.In the case of the first semester of 2020, due to Corona 19, all non-face-to-face classes were held, but in the first semester of 2021, face-to-face classes increased. The overall satisfaction level rose from 4.18 points in the first semester of 2020 to 4.39 points in the first semester of 2021. The screen composition, sound and picture quality, playback time, face appearance, lecture material provision, and frequency of use of the top 3% and bottom 3% also increased. Despite the changes caused by the LMS replacement, which was a concern, student attendance, assignments, and test submission rates also increased compared to the previous year. The null hypothesis that 'the difference between the two scores is the same' is the null hypothesis because the probability of significance is 0.000 and less than 0.05 in the case of the best 3% of the test result of the test result of the mid-course evaluation of distance classes in the first semester of 2020 and the evaluation of the intermediate lectures in the first semester of 2021. As this was rejected, it can be seen that the best score for the 2021 school year has significantly increased compared to the first semester of 2020. Also, in the case of Worst 3% or less, the significance probability is 0.000, which is less than 0.05, so the null hypothesis that 'the difference between the two scores is the same' was rejected, indicating that the Worst score for the 2021 school year was significantly higher than that for the first semester of 2020.

• Korean Journal of Heritage: History & Science
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• v.54 no.4
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• pp.260-285
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• 2021

This article deals with the current status of investigation of the royal tombs of Baekje (Gongju Songsan-ri Tomb, Buyeo Neungsan-ri Tomb, Iksan Ssangneung) from the Japanese colonial period to the present. A review of the maintenance status is also conducted to see if the survey content was actually reflected in the restoration maintenance of the ruins. First, the structure scale and characteristics of the royal tombs of Baekje during the Woongjin and Sabi periods were identified by examining the survey content organized by period and feature. Through the recent re-excavation survey, it was confirmed that the results of the research during the Japanese colonial period were being verified. Next, before examining the maintenance status of the Baekje royal tombs, related content about maintenance of laws and regulations were extracted to establish the maintenance standards. It was confirmed that the most importance part of maintenance is 'maintenance of the original form' without compromising the authenticity of cultural properties. Based on these criteria, the maintenance status was reviewed. The main part of the burial tomb is located underground, so maintenance is mainly made around the tomb, which is the upper structure. However, most of the original burial mounds have been lost or damaged, so it is difficult to determine their original form. In fact, constant changes in the size and location of tombs from the Japanese colonial period to the present were confirmed in the Songsan-ri and Neungsan-ri tombs, meaning that the current maintenance status is problematic. On the other hand, in the case of Ssangneung, not only are the tombs relatively intact, but there are also few changes in the records, so it seems that maintenance was carried out that preserved the original form of the tombs. Therefore, the maintenance of tombs in the future should be based on 'maintaining the original form', but it is recommended that the 'education and utilization' plan be prepared after determining whether or not to restore the tomb and the degree of restoration.

• 한국사회정책
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• v.25 no.2
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• pp.367-402
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• 2018

This study analyzed the relationship between the act on the guarantee of rights of and support for persons with developmental disabilities(Act for PWDD) and the similar ordinance of the local governments based on this law and focused on the correspondence(the rate of reflection) and the autonomy(differentiation). As of October 2017, 63 local government regulations and Act for PWDD were analyzed in this study. The results of the analysis are as follows: First, the rate of reflection in the ordinance of Act for PWDD was different according to the clause. In the aspect of emphasizing welfare support, the agreement between local ordinance and rate was high. While the Act for PWDD emphasized the rights of persons with developmental disabilities, there was little information about their right in the ordinance of local governments. This is evidence that current ordinance is based on the protective point of view for people with developmental disabilities. In the future, policy measures will be needed to ensure that respect for decision-making by persons with developmental disabilities and rights guarantees are included in the bylaws. Second, there is a provision that the rate of ordinance reflection is 0%, which may be guaranteed by other laws in the area, so it does not mean the absence of related system in the region, but there is possibility of institutional blind spot. In the future, consideration should be given to the complementarity of other legal systems in the area with developmental disabilities, so that persons with developmental disabilities should not be placed in institutional blind spots. Third, the autonomy(differentiation) of local ordinance was examined from the contents aspect and the administrative aspect to help practical implementation. The differentiation between the ordinances vary. Emphasizing the responsibilities of the head of the organization, emphasizing the fact-finding survey, setting up the welfare committee, or adding local needs were included to the ordinance. Local governments considering the enactment of ordinances in the future should refer to these cases and establish enactable local ordinances that take advantage of the characteristics of local autonomy.

• Korean Journal of Labor Studies
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• v.24 no.1
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• pp.107-156
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• 2018

This article examines the history of the in - house subcontracting and the stabilization of labor - management relations in the steel industry in Japan. The ratio of in-house subcontract workers among steel workers has increased steadily until the mid-2000s, and about 70% in case of the largest company. In-house subcontracting was used as a strategy of the company to increase the quantity flexibility of employment and to save labor costs. The in-house subcontracting company needed company-specialized skills, and the internal labor market was formed because the rate of full-time workers was high and the turnover rate was low. The in-house subcontractor introduced long-term business relationship with the steel factory by introducing the equipment and materials necessary for the performance of the work, and the factory implemented the productivity improvement policy of the in-house subcontractor, and the win-win relationship between the factory and in-house subcontractor was developed. The trade union did not oppose the idea that the expansion of in-house subcontracting contributed to corporate profits, the stability of employment of the members and maintenance of their working conditions. Since 2000, the steel factory has pursued the transformation of in - house subcontractors into subsidiaries, which has been supported by capital relations. By the way, since the mid-2000s, there has been an increase in the number of regular workers' employment. The major factors are as follows: more strengthened compliance with laws and regulations, the higher quality request of customers, stricter keeping of deadlines, and problem in recruiting of workers at in-house subcontract companies. The wage gap between the factory and in - house subcontracting was less at company B than at company S, and the wage level of in - house subcontracting was about 90% of the factory at company B. The relatively small gap at company B seems to be due to the union's movement of narrowing the gap, low market dominance and unfavorable labor market. The internal labor market has been formed in the in-house subcontracting, and the wage gap is not large, and the possibility of labor disputes is low. Industrial relations are stable in the in-house subcontract company as well as the factory. The stabilization of labor-management relations in the steel industry in Korea is required to reduce the wage gap between the factory and in-house subcontract enterprises by raising productivity and expanding the internal labor market at in-house subcontract enterprises.

• Journal of vocational education research
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• v.37 no.5
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• pp.25-53
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• 2018

The purpose of this study is to find out the improvement plan through the satisfaction survey of the trainees involved in vocational training fraud preventive education. In order to do this, we conducted a satisfaction survey(4,263 persons) of 5,939 people who participated in the prevention education conducted by group education or e-learning in 2017. Finally we collected 4,237 effective responses data. Descriptive statistics and the regression analysis were conducted. The finding of the study were as follows. First, the education service quality(4.42), satisfaction level(4.44), understanding level(4.44) and help level(4.45) were significantly higher than those of participants in the preventive education 4 and above. Second, e-learning participants' perceived level of education service quality, satisfaction, comprehension, and help was higher in all variables than collective education's. Third, all of the sub-factors of preventive education service quality influenced satisfaction, understanding, and help in collective education and e-learning, respectively. In the collective education, the contents of education had the greatest influence, and in e-learning, the data composition had the greatest influence. Fourth, desirable education contents were cases of fraud training(70.7%), disposition regulations(47.9%), NCS course operation instructions(32.8%) and training management best practices(32.4%). Additional requirements also included the establishment of an in-depth course, the provision of anti-fraud education content for trainees, and screen switching and system stability that can be focused on e-learning. Therefore, this study suggests that first, it is necessary to activate e-learning for prevention education more, reflecting satisfaction of e-learning is higher than that of collective education. Second, it is necessary to diversify the content of preventive education and to provide it more abundantly, because it has the biggest influence in common with the satisfaction, understanding and help level of the preventive education. Third, education content next, the factors that have a relatively big influence on satisfaction are shown as delivery method and education place in the collective education. Therefore, it is necessary to prepare education place considering the assignment of instructor and convenience. Fourth, constructing data next, the factor that have a relatively great influence on understanding and help are found to be operator support, and more active operator support activities are required in e-learning. Fifth, it is required to delivery prevention activity for trainees participating in vocational training. Sixth, it is necessary to analyze the educational need to construct the contents of preventive education more systematically.